In the State of Florida, the biological father of a child may not necessarily be the legal father. A man may only be able to establish paternity when he signs the birth certificate of the child when he signs a sworn statement in a relevant court or in the State of Florida when he is married to the woman thereby being the presumed father. There may be some instances where a man who has successfully established paternity finds out the said child is not biologically his. Listed within Florida Statute 742.18 a man may decide he does not want to pay child support to a child that is not biologically his by a process termed Disestablishment of Paternity. In order for him to do this, he will need to request that the circuit court having jurisdiction over the child support orders a DNA test to be carried out so as to prove the allegation. This may be a large hurdle at times because the standard in court remains in the best interest of the child. However, if he wins, the court will rescind his obligations of providing child support.
To file for a petition in court to disestablish paternity and stop payments of child support, you need the backing of a qualified attorney. At the Law Office of Johansson & Lopez, we are experienced and know the right procedures to follow to ensure paternity is disestablished and subsequently demand the payment of child support to be rescinded.